On Tuesday, the SC ruled that a daughter, regardless of when she was born, can claim for an equal share in parental property.
This provision is also irrespective of the daughter’s father being alive or not at the time when the 2005 amendment to the Hindu Succession Act came into being.
Supreme Court said that daughters will have the right over parental property even if the coparcener had died prior to the coming into force of the Hindu Succession (Amendment) Act, 2005. https://t.co/KibABSasCp— ANI (@ANI) August 11, 2020
This comes in due time as it clears the air of previous decisions taken on September 9, 2005, stating that daughters can only have coparcenary rights if both, father and daughter were alive.
A three-judge bench of Justices headed by Justice Arun Mishra shared that the amendments can have retrospective effect.
Once a daughter always a daughter. Son is a son till he is married. The daughter shall remain a coparcener throughout life, irrespective of whether her father is alive or not. Daughters must be given equal rights as sons, daughter remains a loving daughter throughout life.
The judges have given 6 months time to wrap up matters pending because of the SC judgement.